28-U.S.C.-2407
§2407 – Delinquents For Public Money; Judgment At Return Term; Continuance
Pathway
Title 28 > Part VI > Chapter 161 > Section 2407
Details
- Reference: Section 2407
- Legend: §2407 – Delinquents For Public Money; Judgment At Return Term; Continuance
- USCode Year: 2013
Provision Content
In an action by the United States against any person accountable for public money who fails to pay into the Treasury the sum reported due the United States, upon the adjustment of his account the court shall grant judgment upon motion unless a continuance is granted as specified in this section.
A continuance may be granted if the defendant, in open court and in the presence of the United States attorney, states under oath that he is equitably entitled to credits which have been disallowed by the Government Accountability Office prior to the commencement of the action, specifying each particular claim so rejected, and stating that he cannot safely come to trial.
A continuance may also be granted if such an action is commenced on a bond or other sealed instrument and the court requires the original instrument to be produced.
(June 25, 1948, ch. 646, 62 Stat. 972; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §781 (R.S. §957; June 10, 1921, ch. 18, §304, 42 Stat. 24).
Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure.
Words court requires the original instrument to be produced were substituted for defendant pleads non est factum, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. The plea of non est factum is obsolete under Rule 7(c) of the Federal Rules of Civil Procedure. Furthermore, the words deleted are superfluous, since a court would not require the production of an original instrument unless the proper procedure were taken to require such production.
Changes were made in phraseology.
Amendments
2004—Pub. L. 108–271 substituted Government Accountability Office for General Accounting Office in second par.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-2345 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-2345, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-2342 in the Legal Encyclopedia: Proceedings
In this entry about 28-U.S.C.-2342, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.
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